NRS 600.500 Employer
is sole owner of patentable invention or trade secret developed by employee.

_________

_________

GENERAL PROVISIONS

NRS 600.025Document written in foreign language filed with Secretary of
State to be accompanied by verified translation in English language.No document which is written in a language
other than English may be filed or submitted for filing in the Office of the
Secretary of State pursuant to the provisions of this chapter unless it is
accompanied by a verified translation of the document into the English
language.

NRS 600.050Filing and publication of trademark or trade name used on
containers, supplies and equipment.Any
person:

1. Engaged in the manufacture, packing,
canning, bottling or selling of any substance in containers with the name or
other mark or device of the person impressed or produced thereon; or

2. Whose equipment or supplies, owned by
the person and used in the business of the person, is marked or branded with a
name or other mark or device impressed or produced thereon,

Ê may file in
the office of the county clerk of any county of this State and also in the
Office of the Commissioner of Food and Drugs, a description of the name, mark
or device so used; and may also cause such description to be published once a
week for 3 successive weeks in a newspaper published in the county in which the
description may have been filed.

[1:145:1935; 1931 NCL § 1473.01]—(NRS A 1959, 617)

NRS 600.060Purchase of marked containers, supplies or equipment: Further
filing and publication unnecessary.Any
person acquiring containers, supplies or equipment marked as provided in NRS 600.050, by purchase or other lawful means, is not
required to file and publish the description again, but may acquire as a part
of the purchase all such benefit as the vendor has under NRS
600.050 to 600.120, inclusive.

NRS 600.070Presumptive evidence of unlawful use and traffic in marked
containers, supplies or equipment.The
following shall be presumptive evidence of unlawful use of or traffic in
containers, supplies or equipment bearing marks or devices impressed thereon,
the description of which has been filed and published pursuant to NRS 600.050:

1. The use by any person other than the
person whose name, mark or device shall be upon the same, without the written
consent of the owner, unless the same shall have been purchased from the owner.

2. Possession by any junk dealer or dealer
in secondhand articles.

[3:145:1935; 1931 NCL § 1473.03]

NRS 600.080Deposits for security of containers do not constitute sales.Whenever the owner of containers, equipment or
supplies used in the business, marked, branded or otherwise impressed with a
device as provided in NRS 600.050, requires the
taking or accepting of any sum of money as a deposit for security for the
safekeeping and return of the articles, it does not constitute a sale of the
property, either optional or otherwise, in any proceeding under NRS 600.050 to 600.120,
inclusive.

1. Whenever any person mentioned in NRS 600.050 or the agent of such a person makes an
oath before any magistrate that he or she has reason to believe, and does
believe, that any of the containers, supplies or equipment mentioned in NRS 600.050 are being unlawfully sold, filled or used,
or are secreted in any place, the magistrate shall issue a search warrant to
discover and obtain the same.

2. The magistrate may also cause the
person in whose possession such articles may be found to be brought before the
magistrate. If the magistrate finds that the person is guilty of violating any
provision of NRS 600.050 to 600.120,
inclusive, the magistrate must impose the punishment prescribed by NRS 600.120, and also award the possession of the
property taken upon the search warrant to the owner thereof.

NRS 600.100Search for owner and restoration of lost property or property
received in regular course of business.Every
person who finds or receives, in the regular course of business or in any other
manner, property mentioned in NRS 600.050 shall
make diligent effort to find the owner and restore the property.

[7:145:1935; 1931 NCL § 1473.07]

NRS 600.110Unlawful acts concerning marked containers, supplies or equipment.It is unlawful for any person, without the
written consent of the owner, unless the same shall have been purchased from
the owner:

1. To use, or to fill with any substance,
any container marked or distinguished with or by any name, mark or device of
which a description shall have been filed and published as provided in NRS 600.050.

2. To sell, buy, give, take or otherwise
traffic in containers, or articles of supply or equipment, marked or
distinguished with or by any name, mark or device of which a description shall
have been filed and published as provided in NRS
600.050.

3. To erase, obliterate, cover up or conceal
such name, mark or device.

[2:145:1935; 1931 NCL § 1473.02]

NRS 600.120Penalty.A
violation of any of the provisions of NRS 600.050
to 600.110, inclusive, is a misdemeanor.

NRS 600.140Right to register, amend, renew, assign or cancel name, mark or
device by filing and publication.A
person engaged in the business of supplying clean laundered garments, towels,
table linen or other articles which are the property of the supplier, in a
regular service, periodically exchanging clean articles for soiled for a fixed
compensation, may adopt and use a name or other mark or device woven, impressed
or produced thereon as an indicium of ownership, and may register and
subsequently amend, renew, assign or cancel the name, mark or device by filing
it in the manner provided in NRS 600.240 to 600.400, inclusive, and publishing it under the
provisions of NRS 600.150.

NRS 600.150Additional procedures for registration.In
addition to the filing required by NRS 600.140, in
order to register a name, mark or device under NRS
600.130 to 600.230, inclusive, the supplier
shall:

1. File in the office of the county clerk
of the county in which the principal place of business of the supplier is
located, or if the place of business of the supplier is located outside of the
State then in the office of the county clerk of any county of the State, a
description of the names, marks or devices so used; and

2. Cause the description of the name, mark
or device to be printed once a week for 3 successive weeks in a newspaper
published in the county in which the description has been filed.

NRS 600.170Unlawful acts; persons excepted.It
is unlawful for any persons, except the registrant, a person who has the
written consent of the registrant, or a person who has purchased the supplies
from the registrant, to do any of the following prohibited acts:

3. Using a tablecloth or napkin in a place
where food is served to the public for any purpose other than that for which it
was intended. The words “for which it was intended” shall mean that a
tablecloth or napkin shall be used for the exclusive use of the customer of
such place.

NRS 600.180Acceptance of deposit as sale.The
acceptance by the registrant of any sum of money as a deposit to secure the
safekeeping and return of the supplies does not constitute a sale of the
supplies, either optional or otherwise, in any proceeding under NRS 600.130 to 600.230,
inclusive.

(Added to NRS by 1957, 15)

NRS 600.190Evidentiary effect of use by unauthorized person of marked
supplies.The use by any person
other than the registrant of any supplies without the written consent provided
in NRS 600.130 to 600.230,
inclusive, or the possession of supplies so marked by any junk dealer or dealer
of secondhand articles is presumptive evidence of unlawful use of or traffic in
such supplies.

(Added to NRS by 1957, 15)

NRS 600.200Duty of finders or receivers of marked supplies.Every person who finds or receives in the
regular course of business or in any other manner any supplies shall make
diligent effort to find the owner and restore or return the supplies.

(Added to NRS by 1957, 15)

NRS 600.210Issuance of search warrant for unlawfully used supplies;
authority of magistrate.Whenever
the registrant or any member of any corporation or association which is the
registrant takes an oath before any magistrate that he or she has reason to
believe and does believe that any supplies are being unlawfully used, sold or
secreted in any place, the magistrate shall issue a search warrant to discover
and obtain the supplies and may also bring before the magistrate the person in
whose possession the supplies are found.

(Added to NRS by 1957, 15)

NRS 600.220Imposition of punishment and award of possession.If the magistrate finds that any person
brought before the magistrate has been guilty of a violation of any provision
of NRS 600.130 to 600.210,
inclusive, the magistrate shall impose the punishment prescribed in NRS 600.230 and also award the possession of the
property taken upon the search warrant to the owner.

(Added to NRS by 1957, 15)

NRS 600.230Penalty.Any person
who violates any provision of NRS 600.140 to 600.220, inclusive, is guilty of a misdemeanor.

(Added to NRS by 1957, 15)

REGISTRATION AND PROTECTION OF TRADEMARKS, TRADE NAMES AND
SERVICE MARKS

NRS 600.240Definitions.As
used in NRS 600.240 to 600.450,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 600.250 to 600.320,
inclusive, have the meanings ascribed to them in those sections.

NRS 600.250“Applicant” defined.“Applicant”
means the person filing an application for registration of a trademark and the
legal representatives, successors or assigns of such a person.

(Added to NRS by 1979, 595)

NRS 600.260“Mark” defined.“Mark”
includes any trademark, trade name or service mark entitled to registration
whether registered or not.

(Added to NRS by 1979, 595)

NRS 600.280“Registrant” defined.“Registrant”
includes the person to whom the registration of a mark is issued and the legal
representatives, successors or assigns of such a person.

(Added to NRS by 1979, 595)

NRS 600.290“Service mark” defined.“Service
mark” means a mark used in the sale or advertising of services to identify the
services of one person and distinguish them from the services of others.

(Added to NRS by 1979, 595)

NRS 600.300“Trademark” defined.“Trademark”
means any word, name, symbol or device, or any combination of them, adopted and
used by a person to identify goods made or sold by that person and to
distinguish them from goods made or sold by others.

(Added to NRS by 1979, 595)

NRS 600.310“Trade name” defined.“Trade
name” means a word, symbol, device, or any combination of them, used by a
person to identify the business, vocation or occupation of that person and
distinguish it from the business, vocation or occupation of others.

(Added to NRS by 1979, 595)

NRS 600.320When mark is deemed to be “used” in Nevada.A mark is deemed to be “used” in this State:

1. On goods when it is placed in any
manner on the goods, their containers, the displays associated with them or on
the tags or labels affixed to them and the goods are sold or otherwise
distributed in the State; and

2. On services when it is used or
displayed in the sale or advertising of services and the services are rendered
in this State.

(Added to NRS by 1979, 595)

NRS 600.330Restrictions on registration.A
mark must not be registered if it:

1. Contains immoral, deceptive or
scandalous matter.

2. Contains matter which may disparage or
falsely suggest a connection with persons, living or dead, institutions,
beliefs, national symbols or which may bring them into contempt or disrepute.

3. Resembles or simulates the flag or
other insignia of the United States, or of any state or municipality, or of any
foreign nation.

4. Contains the name, signature or
portrait of any living person, except when the written consent of that living
person has been obtained.

5. Consists of a mark which:

(a) When applied to the goods or services of the
applicant, is merely descriptive or deceptively misdescriptive of them;

(b) When applied to the goods or services of the
applicant is primarily geographically descriptive or deceptively misdescriptive
of them; or

(c) Is primarily merely a surname,

Ê but this
subsection does not prevent the registration of a mark used by the applicant
which has become distinctive of the applicant’s goods or services. Proof of
continuous use of the mark by the applicant in this State or elsewhere for 5
years next preceding the date of the filing of the application for registration
may be accepted by the Secretary of State as evidence that the mark has become
distinctive.

6. So resembles a mark registered in this
State which has not been abandoned, that it is likely that confusion, mistake
or deception may result.

1. A person who has adopted and is using a
mark in this State may file in the Office of the Secretary of State, on a form
to be furnished by the Secretary of State, an application for registration of
that mark setting forth, but not limited to, the following information:

(a) Whether the mark to be registered is a
trademark, trade name or service mark;

(b) A description of the mark by name, words
displayed in it or other information;

(c) The name and business address of the person
applying for the registration and, if it is a corporation, limited-liability
company, limited partnership or registered limited-liability partnership, the
state of incorporation or organization;

(d) The specific goods or services in connection
with which the mark is used and the mode or manner in which the mark is used in
connection with those goods or services and the class as designated by the
Secretary of State which includes those goods or services;

(e) The date when the mark was first used
anywhere and the date when it was first used in this State by the applicant or
his or her predecessor in business which must precede the filing of the
application; and

(f) A statement that the applicant is the owner
of the mark and that no other person has the right to use the mark in this
State either in the form set forth in the application or in such near
resemblance to it as might deceive or cause mistake.

2. The application must:

(a) Be signed and verified by the applicant or by
a member of the firm or an officer of the corporation or association applying.

(b) Be accompanied by a specimen or facsimile of
the mark on white paper that is 8 1/2 inches by 11 inches in size and by a
filing fee of $100 payable to the Secretary of State.

3. If the application fails to comply with
this section or NRS 600.343, the Secretary of State
shall return it for correction.

1. Upon compliance by the applicant with
the requirements of NRS 600.330 and 600.340, the Secretary of State shall issue and
deliver a certificate of registration to the applicant. The certificate of
registration must be issued under the signature of the Secretary of State and the
seal of the State, and it must designate:

(a) The name and business address and, if a
corporation, limited-liability company, limited partnership or registered
limited-liability partnership, the state of incorporation or organization of
the person claiming ownership of the mark;

(b) The date claimed for the first use of the
mark anywhere and the date claimed for the first use of the mark in this State;

(c) The class of goods or services to which the
mark applies;

(d) A description of the goods or services on
which the mark is used;

(e) A reproduction of the mark;

(f) The registration date; and

(g) The term of the registration.

Ê If a date of
first use contained in the application is indefinite, the certificate of
registration must designate the latest definite date that can be inferred from
the words used. If a month and year are given without specifying the day, the
date is presumed to be the last day of the month. If only a year is given, the
date is presumed to be the last day of the year.

2. The certificate of registration or a
copy of the certificate certified by the Secretary of State is admissible in
evidence as competent and sufficient proof of the registration of the mark in
any action or judicial proceedings in any court of this State, and raises a
disputable presumption that the person to whom the certificate was issued is
the owner of the mark in this State as applied to the goods or services
described in the certificate.

NRS 600.355Correction of inaccurate statement in application for
registration; issuance of amended certificate of registration; fee.

1. If any statement in an application for
registration of a mark was incorrect when made or any arrangements or other
facts described in the application have changed, making the application
inaccurate in any respect without materially altering the mark, the registrant
shall promptly file in the Office of the Secretary of State a certificate,
signed by the registrant or his or her successor or by a member of the firm or
an officer of the corporation or association to which the mark is registered,
correcting the statement.

2. Upon the filing of a certificate of
amendment or judicial decree of amendment and the payment of a filing fee of
$60, the Secretary of State shall issue, in accordance with NRS 600.350, an amended certificate of registration
for the remainder of the period of the registration.

1. The registration of a mark is effective
for 5 years from the date of registration and, upon application filed within 6
months before the expiration of that period, on a form to be furnished by the
Secretary of State, the registration may be renewed for a successive period of
5 years. A renewal fee of $50, payable to the Secretary of State, must
accompany the application for renewal of the registration.

2. The registration of a mark may be
renewed for additional successive 5-year periods if the requirements of
subsection 1 are satisfied.

3. The Secretary of State shall give
notice to each registrant when his or her registration is about to expire. The
notice must be given within the year next preceding the expiration date, by
writing to the registrant’s last known address.

4. All applications for renewals must
include a statement that the mark is still in use in this State.

1. A mark and its registration are
assignable with the good will of the business in which the mark is used, or
with that part of the good will of the business connected with the use of and
symbolized by the mark. An assignment must:

(a) Be in writing;

(b) Be signed and acknowledged by the registrant
or his or her successor or a member of the firm or an officer of the
corporation or association under whose name the mark is registered; and

(c) Be recorded with the Secretary of State upon
the payment of a fee of $100 to the Secretary of State who, upon recording the
assignment, shall issue in the name of the assignee a certificate of assignment
for the remainder of the period of the registration.

2. An assignment of any registration is
void as against any subsequent purchaser for valuable consideration without
notice, unless:

(a) The assignment is recorded with the Secretary
of State within 3 months after the date of the assignment; or

NRS 600.380Record of registered marks.The
Secretary of State shall keep for public examination a record of all registered
marks.

(Added to NRS by 1979, 597)

NRS 600.390Cancellation of registrations.The
Secretary of State shall cancel from the register:

1. After July 1, 1980, any filing or registration of a mark which has expired and is not renewed in accordance with the
provisions of NRS 600.360.

2. Any registration which the registrant
or the assignee of record voluntarily requests be cancelled.

3. Any registration concerning which a
court of competent jurisdiction finds that:

(a) The registered mark has been abandoned.

(b) The registrant is not the owner of the mark.

(c) The registration was granted improperly.

(d) The registration was obtained fraudulently.

(e) The registered mark is likely to cause
confusion or mistake or to deceive because of its similarity to a mark
registered by another person in the United States Patent and Trademark Office,
before the date of the filing of the application for registration by the
registrant under NRS 600.240 to 600.450, inclusive, and not abandoned. But if the
registrant proves that he or she is the owner of a concurrent registration of
his or her mark in the United States Patent and Trademark Office covering an
area including this State, the registration with the Secretary of State must
not be cancelled.

4. Any registration when a court of
competent jurisdiction orders cancellation of the registration on any ground.

(Added to NRS by 1979, 597)

NRS 600.395Fee for filing cancellation of registration.The fee for filing a cancellation of registration
pursuant to NRS 600.390 is $50.

NRS 600.400Regulations defining classes of goods and services for
registration.

1. The Secretary of State may adopt
regulations defining general classes of goods and services for which a mark may
be registered. Classes defined pursuant to this subsection are deemed to be for
administrative convenience and must not be deemed to be exclusive or limit or
extend the rights of the applicant or registrant.

2. A single application for registration
of a mark may include any goods within their class on which the mark is used,
or any services within their class rendered in connection with the mark. If a
mark is used for more than one class of goods or more than one class of
services the applicant must file a separate application for each class.

(Added to NRS by 1979, 598)

NRS 600.410Fraudulent registration.Any
person who for himself or herself, or on behalf of any other person, attempts
to procure or procures the registration of any mark in this State by knowingly
making any false or fraudulent representation or declaration, verbally or in
writing, or by any other fraudulent means, is liable for all damages sustained
in consequence of the registration to any party injured thereby.

(Added to NRS by 1979, 598)

NRS 600.420Infringement upon registered mark.Any
person:

1. Who uses, without the consent of the
registrant, any reproduction, counterfeit, copy or colorable imitation of a
mark registered in this State in connection with the sale, offering for sale or
advertising of any goods or services, which use is likely to cause confusion or
mistake or result in deception as to the source of origin of such goods or
services; or

2. Who reproduces, counterfeits, copies or
colorably imitates any mark registered in this State and applies or causes to
apply that reproduction, counterfeit, copy or colorable imitation to labels,
signs, prints, packages, wrappers, receptacles or advertisements intended to be
used in conjunction with the sale or other distribution in this State of goods
or services,

Ê is liable in
a civil action by the owner of the registered mark for any or all of the
remedies provided in NRS 600.430, except that the
owner of the mark is not entitled to recover profits or damages under
subsection 2 unless the act or acts were committed with knowledge that the
reproduction, counterfeit, copy or imitation of the mark was intended to be
used to cause confusion, mistake or deception.

(Added to NRS by 1979, 598)

NRS 600.430Civil remedies.

1. Any owner of a mark registered in this
State may proceed by suit to enjoin the manufacture, use, display or sale of
counterfeits or imitations of it.

2. A court of competent jurisdiction may:

(a) Grant injunctions to restrain such
manufacture, use, display or sale as it deems just and reasonable under the
circumstances;

(b) Require the defendant to pay to the owner all
profits derived from the wrongful acts of the defendant and all damages suffered
by reason of these acts;

(c) Require the defendant to pay to the owner
treble damages on all profits derived from the willful and wrongful acts of the
defendant and treble damages on all damages suffered by reason of these acts;
and

(d) Order that any counterfeits or imitations in
the possession or control of any defendant be delivered for destruction to an
officer of the court or to the complainant.

3. In an action brought pursuant to this
section, the court may award costs and reasonable attorney’s fees to the
prevailing party.

4. The enumeration of any right or remedy
in this section does not affect a registrant’s right to prosecute under any
penal law of this State.

NRS 600.435Action to enjoin commercial use of mark that is famous in this
State.

1. Except as otherwise provided in
subsection 4, the owner of a mark that is famous in this State may bring an
action to enjoin commercial use of the mark by a person if such use:

(a) Begins after the mark has become famous; and

(b) Causes dilution of the mark.

2. In determining whether a mark is famous
in this State, the court shall consider, without limitation, the following
factors:

(a) The degree of inherent or acquired
distinctiveness of the mark in this State.

(b) The duration and extent of use of the mark in
connection with the goods and services with which the mark is used.

(c) The duration and extent of advertisement and
promotion of the mark in this State.

(d) The geographical extent of the trading area
in which the mark is used.

(e) The channels of trade for the goods or
services with which the mark is used.

(f) The degree of recognition of the mark in the
trading areas and channels of trade in this State used by the owner of the mark
and the person against whom the injunction is sought.

(g) The nature and extent of use of the same or
similar mark by other persons.

(h) Whether the mark is registered in this State
or registered in the United States Patent and Trademark Office pursuant to
federal law.

3. Except as otherwise provided in this
subsection, the owner of a mark that is famous may obtain only injunctive
relief in an action brought pursuant to this section. The owner of a mark that
is famous is entitled to the remedies provided in NRS
600.430 if the person using the mark willfully intended to cause dilution
of the mark or willfully intended to trade on the reputation of the owner of
the mark.

4. The owner of a mark that is famous may
not bring an action pursuant to this section for the fair use of the mark by
another person in comparative commercial advertising or promotion to identify
the competing goods or services of the owner of the mark.

5. As used in this section:

(a) “Commercial use” means use of a mark
primarily for profit. The term does not include use of a mark for research,
criticism, news commentary, news reporting, teaching or any similar use that is
not primarily for profit.

(b) “Dilution” means a lessening in the capacity
of a mark that is famous to identify and distinguish goods or services,
regardless of the presence or absence of:

(1) Competition between the owner of the
mark and other persons; or

(2) Likelihood of confusion, mistake or
deception as to the source of origin of goods or services.

NRS 600.440Rights and remedies cumulative.The
rights and remedies enumerated in NRS 600.240 to 600.450, inclusive, are in addition to those to which
an owner of a mark is entitled under the common law.

NRS 600.500Employer is sole owner of patentable invention or trade secret
developed by employee.Except as
otherwise provided by express written agreement, an employer is the sole owner
of any patentable invention or trade secret developed by his or her employee
during the course and scope of the employment that relates directly to work
performed during the course and scope of the employment.